Religious character meaning

In this issue: Social housing Education Planning Local government finance Public procurement Governance Healthcare Social care Licensing Environmental law and climate change LexTalk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content Social housing Local authority successful in Court of Appeal on suitability of accommodation offered in performance of prevention duty (Fatolahzadeh v LB of Barnet) Fatolahzadeh v LB of Barnet saw Genevieve Screeche-Powell represent the council, which prevailed in resisting a Housing Act 1996 (HA 1996), section 204 appeal pursued by a homeless applicant. Two central issues of principle arose: (i) whether Parliament intended that an alleged non-compliance with the ‘new’ HA 1996, s 189A duties should automatically vitiate any later decision taken to meet the duty to secure suitable accommodation; and (ii) the extent to which the section 202 review procedure can rectify asserted shortcomings. This marks the first occasion on which the Court...

In this issue: Children's social care Planning Social housing Local government finance Social care Public procurement Education Healthcare Governance LexTalk®Local Government: a Lexis®Nexis community Daily and weekly news alerts New and updated content New Q&As Children's social care When is a fact-finding hearing needed to inform risk assessment? (G (A Child: Scope of Fact-Finding)) In G (A Child: Scope of Fact-Finding), the Court of Appeal considered whether refusing to order a fact-finding hearing about allegations that a mother caused the fatal injuries to an older child seven years earlier was erroneous, where the purpose was to inform the risk assessment and overall welfare evaluation in proceedings about her new baby. The majority concluded it was not, and that the assessment of risk could take into account a broad spectrum of potential outcomes even without specific findings as to the circumstances of the older child’s death. That outcome, however, was plainly...

Omooba v (1) Michael Garrett Associates Ltd (ta Global Artists) (2) Leicester Theatre Ltd [2024] EAT 30 In Omooba v (1) Michael Garrett Associates Ltd (ta Global Artists) (2) Leicester Theatre Ltd [2024] EAT 30, Employment Appeal Judge Jennifer Eady decided the lower tribunal had been correct to reject Seyi Omooba’s complaint of religious discrimination after Leicester’s Curve Theatre and the talent agency Global Artists removed the actor from the part of Celie, a lesbian character, following controversy about a 2014 Facebook post stating that homosexuality is a sin. Eady J confirmed the tribunal’s view that the theatre did not act because of her beliefs. Instead, she found the decision was driven by apprehension about the consequences of the media backlash for the theatre’s finances and the agency’s survival...

This Practice Note offers a concise primer on Islamic finance and specifically considers: the character and breadth of Shari’ah the sources underpinning Shari’ah the core tenets of Islamic finance the main actors within the Islamic finance market the principal Islamic finance transaction structures Islamic finance framework Shari’ah, often termed Islamic law, is the legal system of Islam that prescribes duties—a code of conduct—for individuals to follow so they may lead lives that are rewarding and of benefit. While the phrase ‘Islamic law’ is common, many prefer ‘Shari’ah’ to distinguish it from Western or Christian notions of ‘law’ and their typical assumptions, for example: Shari’ah is intrinsically non-secular, drawing no line between religious and governmental institutions, authorities or ordinances Shari’ah functions as both a legal system and a moral framework, rather than a legal system merely grounded in morality Shari’ah governs both public and private domains Shari’ah transcends geographical and jurisdictional borders...

This Practice Note sets out who employs a school’s teaching and non-teaching staff: the local authority (LA), the governing body, or the trustee/proprietor. It also outlines the requirements when engaging head teachers, teachers and support staff, including recruitment and appointment, required qualifications, pay and conditions, appraisal, capability, conduct and discipline. It summarises the arrangements for appointing staff in faith schools (i.e. schools designated as having a religious character) and the specific protection from religious discrimination available to teachers in secular schools. It additionally addresses staff duties and responsibilities for safeguarding children... Who is the employer? The employer depends on the school’s category. The employer is: the LA for: community schools voluntary controlled schools community special schools maintained nursery schools the governing body for: foundation schools voluntary aided schools foundation special schools trustees or a proprietor for: ...

This Practice Note It explores how the provisions of the Equality Act 2010 (EqA 2010) intersect with those in the School Standards and Framework Act 1998 (SSFA 1998), addressing appointment and dismissal of teachers at schools with a religious character, staffing at foundation and voluntary schools with a religious character, religious beliefs of staff at certain secular schools, and employment of teachers at independent schools with a religious character. The Note surveys categories of school, explains the meaning of ‘religious character’, and outlines how relevant parts of the SSFA 1998 operate for teachers and staff at secular schools and at schools with a religious character, including the position of reserved teachers in foundation schools and in voluntary controlled schools with a religious character. Finally, it considers exceptions under the EqA 2010 for academic posts limited to members of a religious order, to women, or to priests...